Article published in EDRi's digital rights newsletter, EDRi-gram, on January 17, 2024. Original article here. I have done a minor correction, marked.
With Nuno Mota.
This article was published on EDRi-gram.
On 19 April 2022, at the request of the Ombudsperson, the Portuguese Constitutional Court declared the unconstitutionality of the Portuguese data retention law.
This was made possible thanks to a complaint by EDRi’s member D3 – Defesa dos Direitos Digitais to the Justice Ombudsperson, back in 2017.
On 19 April 2022, at the request of the Ombudsperson, the Portuguese Constitutional Court declared the unconstitutionality of the Portuguese data retention law.
This law transposed EU Directive 2006/24/CE, of 15 March, which was declared invalid by the Court of Justice of the European Union (CJEU) in 2014 (Digital Rights Ireland Lts and other, C-293/12 and C-594/12), and subsequent case law.
EDRi's publication With Nuno Mota By Defesa dos Direitos Digitais (D3) · October 28, 2020 On the 14th of October, following a spike in COVID-19 cases throughout the country, the Portuguese prime minister announced that he would seek approval of a law in parliament to…
EDRi's publication This article is an adaptation of an article published at: https://en.epicenter.works/content/zero-rating-in-portugal-permissive-regulator-allows-isp-to-get-away-with-offering-some-of In 2018, the Portuguese telecom regulator ANACOM told the three major Portuguese mobile Internet Service Providers (ISPs) to change offers that were in breach of EU net neutrality rules. Among other things,…
By Associação D3 – Defesa dos Direitos Digitais · September 25, 2019 September 2019 brought us long-awaited developments regarding the situation of data retention in Portugal. The Justice Ombudsman decided to send the Portuguese data retention law to the Constitutional Court, following the Court of…
This article was published at EDRi-gram.
Please note that this refers strictly to a Portuguese law regarding *intelligence services’ access* to data retention. This is *not* the same case where, following a D3's complaint to the Justice Ombudsman, led to the data retention law in Portugal to be declared unconstitutional in 2022.
A new chapter is expected to soon be written in the long battle between lawmakers and the Constitutional Court in Portugal, regarding the intelligence services’ access to data retention. In January 2018, 35 Members of the Parliament (MP) from three parties officially requested the Constitutional Court to provide a rule on the constitutionality of the new law that grants intelligence services access to retained data.